March 24, 1992

REPUBLIC ACT NO. 7277

AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-

RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE
MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES

TITLE ONE
General Provisions
CHAPTER 1
Basic Principle
SECTION 1.Title. — This Act shall be known and cited as the "Magna Carta for
Disabled Persons" cda

SECTION 2.Declaration of Policy — The grant of the rights and privileges for
disabled persons shall be guided by the following principles:
a)Disabled persons are part of Philippine society, thus the State shall give
full support to the improvement of the total well-being of disabled
persons and their integration into the mainstream of society. Toward
this end, the State shall adopt policies ensuring the rehabilitation, self-
development and self-reliance of disabled persons. It shall develop
their skills and potentials to enable them to compete favorably for
available opportunities.
b)Disabled persons have the same rights as other people to take their proper
place in society. They should be able to live freely and as
independently as possible. This must be the concern of everyone —
the family, community and all government and nongovernment
organizations. Disabled persons' rights must never be perceived as
welfare services by the Government. cdasia

c)The rehabilitation of the disabled persons shall be the concern of the

Government in order to foster their capacity to attain a more
meaningful, productive and satisfying life. To reach out to a greater
number of disabled persons, the rehabilitation services and bene ts
shall be expanded beyond the traditional urban-based centers to
community based programs, that will ensure full participation of
different sectors as supported by national and local government
agencies.
d)The State also recognizes the role of the private sector in promoting the
welfare of disabled persons and shall encourage partnership in
programs that address their needs and concerns.
e)To facilitate integration of disabled persons into the mainstream of society,
the State shall advocate for and encourage respect for disabled
persons. The State shall exert all efforts to remove all social, cultural,
economic, environmental and attitudinal barriers that are
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 prejudicial to disabled persons. acd

SECTION 3.Coverage. — This Act shall cover all disabled persons and, to the
extent herein provided, departments, of ces and agencies of the national government or
nongovernment organizations involved in the attainment of the objectives of this Act.
SECTION 4.De nition of Terms . — For purposes of this Act, these terms are
defined as follows:
a)Disabled persons are those suffering from restriction or different abilities,
as a result of a mental, physical or sensory impairment, to perform an
activity in the manner or within the range considered normal for a
human being;
b)Impairment is any loss, diminution or aberration of psychological,
physiological, or anatomical structure or function; cdtai

c)Disability shall mean 1) a physical or mental impairment that substantially

limits one or more psychological, physiological or anatomical function
of an individual or activities of such individual; 2) a record of such an
impairment; or 3) being regarded as having such an impairment;
d)Handicap refers to a disadvantage for a given individual, resulting from an
impairment or a disability, that limits or prevents the function or activity,
that is considered normal given the age and sex of the individual;
e)Rehabilitation is an integrated approach to physical, social, cultural,
spiritual, educational and vocational measures that create conditions
for the individual to attain the highest possible level of functional
ability;
f)Social Barriers refer to the characteristics of institutions, whether legal,
economic, cultural, recreational or other, any human group,
community, or society which limit the fullest possible participation of
disabled persons in the life of the group. Social barriers include
negative attitudes which tend to single out and exclude disabled
persons and which distort roles and inter-personal relationships;
g)Auxiliary Aids and Services include:
1)quali ed interpreters or other effective methods of delivering
materials to individuals with hearing impairments;
2)quali ed readers, taped tests, or other effective methods of
delivering materials to individuals with visual impairments; cdt

3)acquisition or modification of equipment or devices; and

4)other similar services and actions or all types of aids and services
that facilitate the learning process of people with mental
disability.
h)Reasonable Accommodation include 1) improvement of existing facilities
used by employees in order to render these readily accessible to and
usable by disabled persons; and 2) modi cation of work schedules,
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 reassignment to a vacant position, acquisition or modi cation of
equipment or devices, appropriate adjustments or modi cations of
examinations, training materials or company policies, rules and
regulations, the provision of auxiliary aids and services, and other
similar accommodations for disabled persons;
i)Sheltered Employment refers to the provision of productive work for
disabled persons through workshops providing special facilities,
income-producing projects or homework schemes with a view to giving
them the opportunity to earn a living thus enabling them to acquire a
working capacity required in open industry;
j)Auxiliary Social Services are the supportive activities in the delivery of
social services to the marginalized sectors of society;
k)Marginalized Disabled Persons refer to disabled persons who lack access
to rehabilitative services and opportunities to be able to participate
fully in socioeconomic activities and who have no means of livelihood
and whose incomes fall below the poverty threshold;
l)Quali ed Individual with a Disability shall mean an individual with a disability
who, with or without reasonable accommodations, can perform the
essential functions of the employment position that such individual
holds or desires. However, consideration shall be given to the
employer's judgment as to what functions of a job are essential, and if
an employer has prepared a written description before advertising or
interviewing applicants for the job, this description shall be considered
evidence of the essential functions of the job; cdt

m)Readily Achievable means a goal can be easily attained and carried out
without much dif culty or expense. In determining whether an action is
readily achievable, factors to be considered include —
1)the nature and cost of the action;
2)the overall nancial resources of the facility or facilities involved in the
action; the number of persons employed at such facility; the
effect on expenses and resources, or the impact otherwise of
such action upon the operation of the facility;
3)the overall nancial resources of the covered entity with respect to
the number of its employees; the number, type and location of
its facilities; and
4)the type of operation or operations of the covered entity, including
the composition, structure and functions of the work force of such
entity; the geographic separateness, administrative or scal relationship
of the facility or facilities in question to the
covered entity.
n)Public Transportation means transportation by air, land and sea that
provides the public with general or special service on a regular and
continuing basis;

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 o)Covered Entity means an employer, employment agency, labor
organization or joint-labor management committee; and
p)Commerce shall be taken to mean as travel, trade, traf c, commerce,
transportation, or communication among the provinces or between any
foreign country or any territory or possession and any province.
cd i

TITLE TWO
Rights and Privileges of Disabled Persons
CHAPTER 1
Employment
SECTION 5.Equal Opportunity for Employment. — No disabled person shall be
denied access to opportunities for suitable employment. A quali ed disabled employee
shall be subject to the same terms and conditions of employment and the same
compensation, privileges, bene ts, fringe bene ts, incentives or allowances as a
qualified able bodied person.
Five percent (5%) of all casual emergency and contractual positions in the
Departments of Social Welfare and Development; Health; Education, Culture and
Sports; and other government agencies, offices or corporations engaged in social
development shall be reserved for disabled persons. cd i

SECTION 6.Sheltered Employment — If suitable employment for disabled

persons cannot be found through open employment as provided in the immediately
preceding Section, the State shall endeavor to provide it by means of sheltered
employment. In the placement of disabled persons in sheltered employment, it shall
accord due regard to the individual qualities, vocational goals and inclinations to ensure
a good working atmosphere and efficient production.
SECTION 7.Apprenticeship . — Subject to the provisions of the Labor Code as
amended, disabled persons shall be eligible as apprentices or learners: Provided, That
their handicap is not much as to effectively impede the performance of job operations in
the particular occupation for which they are hired: Provided, further, That after the lapse
of the period of apprenticeship, if found satisfactory in the job performance, they shall
be eligible for employment.
SECTION 8.Incentives for Employers. — a) To encourage the active participation
of the private sector in promoting the welfare of disabled persons and to ensure gainful
employment for quali ed disabled persons, adequate incentives shall be provided to
private entities which employ disabled persons.
b)Private entities that employ disabled persons who meet the required skills or
quali cations, either as regular employee, apprentice or learner, shall be entitled to an
additional deduction, from their gross income, equivalent to twenty - ve percent (25%) of
the total amount paid as salaries and wages to disabled persons: Provided, however,
That such entities present proof as certi ed by the Department of Labor and
Employment that disabled persons are under their employ: Provided, further, That the
disabled employee is accredited with the Department of Labor and Employment and the
Department of Health as to his disability, skills and qualifications. cd

c)Private entities that improve or modify their physical facilities in order to provide
reasonable accommodation for disabled persons shall also be entitled to an additional
deduction from their net taxable income, equivalent to fty percent (50%) of the direct
costs of the improvements or modi cations. This Section, however, does not
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 apply to improvements or modi cations of facilities required under Batas Pambansa
Bilang 344.
SECTION 9.Vocational Rehabilitation. — Consistent with the principle of equal
opportunity for disabled workers and workers in general, the State shall take appropriate
vocational rehabilitation measures that shall serve to develop the skills and potentials of
disabled persons and enable them to compete favorably for available productive and
remunerative employment opportunities in the labor market.
The State shall also take measures to ensure the provision of vocational
rehabilitation and livelihood services for disabled persons in the rural areas. In addition,
it shall promote cooperation and coordination between the government and
nongovernmental organizations and other private entities engaged in vocational
rehabilitation activities. cd

The Department of Social Welfare and Development shall design and implement
training programs that will provide disabled persons with vocational skills to enable them
to engage in livelihood activities or obtain gainful employment. The Department of Labor
and Employment shall likewise design and conduct training programs geared towards
providing disabled persons with skills for livelihood.
SECTION 10.Vocational Guidance and Counseling. — The Department of Social
and Welfare and Development, shall implement measures providing and evaluating
vocational guidance and counseling to enable disabled persons to secure, retain and
advance in employment. It shall ensure the availability and training of counselors and
other suitably quali ed staff responsible for the vocational guidance and counseling of
disabled persons. acd

SECTION 11.Implementing Rules and Regulations. — The Department of Labor

and Employment shall in coordination with the Department of Social Welfare and
Development (DSWD) and National Council for the Welfare of the Disabled Persons
(NCWDP) shall promulgate the rules and regulations necessary to implement the
provisions under this Chapter.
CHAPTER 2
Education
SECTION 12.Access to Quality Education. — The State shall ensure that
disabled persons are provided with adequate access to quality education and ample
opportunities to develop their skills. It shall take appropriate steps to make such
education accessible to all disabled persons. It shall be unlawful for any learning
institution to deny a disabled person admission to any course it offers by reason of
handicap or disability.
The State shall take into consideration the special requirements of disabled
persons in the formulation of educational policies and programs. It shall encourage
learning institutions to take into account the special needs of disabled persons with
respect to the use of school facilities, class schedules, physical education requirements,
and other pertinent consideration.
The State shall also promote the provision by learning institutions, especially
higher learning institutions of auxiliary services that will facilitate the learning process for
disabled persons.
SECTION 13.Assistance to Disabled Students. — The State shall provide nancial
assistance to economically marginalized but deserving disabled students pursuing post
secondary or tertiary education. Such assistance may be in the form of
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 scholarship grants, student loan programs, subsidies, and other incentives to quali ed
disabled students in both public and private schools. At least ve percent (5%) of the
allocation for the Private Education Student Financial Assistance Program created by
virtue of R.A. 6725 shall be set aside for disabled students pursuing vocational or
technical and degree courses.
aisa dc

SECTION 14.Special Education. — The State shall establish, maintain and

support complete, adequate and integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons and other types of exceptional
children in all regions of the country. Toward this end, the Department of Education,
Culture and Sports shall establish, special education classes in public schools in cities,
or municipalities. It shall also establish, where viable, Braille and Record Libraries in
provinces, cities or municipalities.
The National Government shall allocate funds necessary for the effective
implementation of the special education program nationwide. Local government units
may likewise appropriate counterpart funds to supplement national funds. acd

SECTION 15.Vocational or Technical and Other Training Programs . — The State

shall provide disabled persons with training in civics, vocational ef ciency, sports and
physical tness, and other skills. The Department of Education, Culture and Sports shall
establish in at least one government-owned vocational and technical school in every
province a special vocational and technical training program for disabled persons. It
shall develop and implement sports and physical tness programs speci cally designed
for disabled persons taking into consideration the nature of their handicap.
SECTION 16.Non-Formal Education. — The State shall develop non-formal
education programs intended for the total human development of disabled persons. It
shall provide adequate resources for non-formal education programs and projects that
cater to the special needs of disabled persons.
SECTION 17.State Universities and Colleges. — If viable and needed, the state
university or state college in each region or province shall be responsible for (a) the
development of material appliances and technical aids for disabled persons; (b) the
development of training materials for vocational rehabilitation and special education
instructions; (c) the research on special problems, particularly of the visually -impaired,
hearing-impaired, speech-impaired, and orthopedically-impaired students, mentally
retarded, and multi-handicapped and others, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the Special Education for
Disabled (SPED) course in the curriculum.
The national government shall provide these state universities and colleges with
the necessary special facilities for visually-impaired, hearing-impaired, speech-impaired,
and orthopedically-impaired students. It shall likewise allocate the necessary funds in
support of the above. casia

CHAPTER 3
Health
SECTION 18.National Health Program. — The Department of Health in
coordination with the National Council for the Welfare of Disabled Persons, shall
institute a national health program which shall aim to attain the following:
a)prevention of disability, whether occurring prenatally or post-natally;

b)recognition and early diagnosis of disability; and

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 c)early rehabilitation of the disabled.
SECTION 19.Rehabilitation Centers. — The Department of Health shall establish
medical rehabilitation centers in government provincial hospitals, and shall include in its
annual appropriation the necessary funds for the operation of such centers.
The Department of Health shall formulate and implement a program to enable
marginalized disabled persons to avail of free rehabilitation services in government
hospitals. cdasia

SECTION 20.Health Services. — The State shall protect and promote the right to
health of disabled persons and shall adopt an integrated and comprehensive approach
to their health development which shall make essential health services available to them
at affordable cost.
The national government shall provide an integrated health service for disabled
persons which shall include, but not limited to, the following:
a)prevention of disability through immunization, nutrition, environmental
protection and preservation, and genetic counseling; and early
detection of disability and timely intervention to arrest disabling
condition; and
b)medical treatment and rehabilitation. cd i

The Department of Health shall eld medical personnel specializing in the

treatment and rehabilitation of disabled persons to provincial hospitals and, when viable,
to municipal health centers. It shall also train its eld health personnel in the provision of
medical attention to disabled persons. It shall further ensure that its eld health units
have the necessary capabilities to t prosthetic and orthotic appliances on disabled
persons.
CHAPTER 4
Auxiliary Social Services
SECTION 21.Auxiliary Social Services. — The State shall ensure that
marginalized persons are provided with the necessary auxiliary services that will restore
their social functioning and participation in community affairs. Towards this end, the
Department of Social Welfare and Development shall develop and implement programs
on auxiliary social services that respond to the needs of marginalized disabled persons.
The components of such a program shall be as follows:
a)assistance in the acquisition of prosthetic devices and medical intervention
of specialty services;
b)provision of specialized training activities designed to improve functional
limitations of disabled persons related to communication skills;
c)development among disabled persons of a positive self-image through the
provision of counseling, orientation and mobility and strengthening
daily living capability; cd i

d)provision of family care services geared towards developing the capability

of families to respond to the needs of the disabled members of the
family;
e)provision of substitute family care services and the facilities therefor for
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 abandoned, neglected, abused and unattached disabled persons who
need custodial care;
f)provision of after care and follow-up services for the continued rehabilitation
in a community-based setting of disabled persons who were released
from residential care or rehabilitation centers; and
g)provision of day care services for disabled children of pre-school age.
CHAPTER 5
Telecommunications
SECTION 22.Broadcast Media. — Television stations shall be encouraged to
provide a sign-language inset or subtitles in at least one (1) newscast program a day
and special programs covering events of national significance.
SECTION 23.Telephone Services. — All telephone companies shall be
encouraged to install special telephone devices or units for the hearing-impaired and
ensure that they are commercially available to enable them to communicate through the
telephone system.
SECTION 24.Free Postal Charges for the Disabled. — Postal charges shall be
free on the following:
a)articles and literatures like books and periodicals, orthopedic and other
devices, and teaching aids for the use of the disabled sent by mail
within the Philippines and abroad; and
b)aids and orthopedic devices for the disabled sent by abroad by mail for
repair: casia

Provided, That the aforesaid items are for personal purposes only: Provided,
further, That the disabled person is a marginalized disabled as certi ed by the Social
Welfare and Development Of ce of the local government unit concerned or the
Department of Social Welfare and Development.
CHAPTER 6
Accessibility
SECTION 25.Barrier- Free Environment. — The State shall ensure the attainment
of a barrier-free environment that will enable disabled persons to have access in public
and private buildings and establishments and such other places mentioned in Batas
Pambansa Bilang 344, otherwise known as the "Accessibility Law".
The national and local governments shall allocate funds for the provision of
architectural facilities or structural features for disabled persons in government buildings
and facilities.
SECTION 26.Mobility. — The State shall promote the mobility of disabled
persons. Disabled persons shall be allowed to drive motor vehicles, subject to the rules
and regulations issued by the Land Transportation Of ce pertinent to the nature of their
disability and the appropriate adaptations or modifications made on such vehicles.
SECTION 27.Access to Public Transport Facilities . — The Department of Social
Welfare and Development shall develop a program to assist marginalized disabled
persons gain access in the use of public transport facilities. Such assistance may be in
the form of subsidized transportation fare.
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 The said department shall also allocate such funds as may be necessary for the
effective implementation of the public transport program for the disabled persons. cdasia

The "Accessibility Law", as amended, shall be made suppletory to this Act.

SECTION 28.Implementing Rules and Regulations. — The Department of
Transportation and Communications shall formulate the rules and regulations necessary
to implement the provisions of this Chapter.
CHAPTER 7
Political and Civil Rights
SECTION 29.System of Voting. — Disabled persons shall be allowed to be
assisted by a person of his choice in voting in the national or local elections. The person
thus chosen shall prepare the ballot for the disabled voter inside the voting booth. The
person assisting shall bind himself in a formal document under oath to ll out the ballot
strictly in accordance with the instructions of the voter and not to reveal the contents of
the ballot prepared by him. Violation of this provision shall constitute an election offense.
cda

Polling places should be made accessible to disabled persons during national or

local elections.
SECTION 30.Right to Assemble. — Consistent with the provisions of the
Constitution, the State shall recognize the right of disabled persons to participate in
processions, rallies, parades, demonstrations, public meetings, and assemblages or
other forms of mass or concerned action held in public.
SECTION 31.Right to Organize. — The State recognizes the right of disabled
persons to form organizations or associations that promote their welfare and advance or
safeguard their interests. The national government, through its agencies,
instrumentalities and subdivisions, shall assist disabled persons in establishing self-help
organizations by providing them with the necessary technical and nancial assistance.

Concerned government agencies and of ces shall establish close linkages with
organizations of the disabled persons in order to respond expeditiously to the needs of
disabled persons. National line agencies and local government units shall assist
disabled persons in setting up speci c projects that will be managed like business
propositions. cdt

To ensure the active participation of disabled persons in the social and economic
development of the country, their organizations shall be encouraged to participate in the
planning, organization and management of government programs and projects for
disabled persons.
Organizations of disabled persons shall participate in the identi cation and
preparation of programs that shall serve to develop employment opportunities for the
disabled persons.
TITLE THREE
Prohibition on Discrimination Against Disabled Persons
CHAPTER 1
Discrimination on Employment
SECTION 32.Discrimination on Employment. — No entity, whether public or
private, shall discriminate against a quali ed disabled person by reason of disability in
regard to job application procedures, the hiring, promotion, or discharge of employees,
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 employee compensation, job training, and other terms, conditions, and privileges of
employment. The following constitute acts of discrimination: casia

a)Limiting, segregating or classifying a disabled job applicant in such a

manner that adversely affects his work opportunities;
b)Using qualification standards, employment tests or other selection criteria
that screen out or tend to screen out a disabled person unless such
standards, tests or other selection criteria are shown to be job-related
for the position in question and are consistent with business necessity;

c)Utilizing standards, criteria, or methods of administration that:

1)have the effect of discrimination on the basis of disability; or
2)perpetuate the discrimination of others who are subject to common
administrative control. cdasia

d)Providing less compensation, such as salary, wage or other forms of

remuneration and fringe bene ts, to a quali ed disabled employee, by
reason of his disability, than the amount to which a non-disabled
person performing the same work is entitled;
e)Favoring a non- disabled employee over a quali ed disabled employee with
respect to promotion, training opportunities, study and scholarship
grants, solely on account of the latter's disability;
f)Re-assigning or transferring a disabled employee to a job or position he
cannot perform by reason of his disability;
g)Dismissing or terminating the services of a disabled employee by reason of
his disability unless the employer can prove that he impairs the
satisfactory performance of the work involved to the prejudice of the
business entity: Provided, however, That the employer rst sought to
provide reasonable accommodations for disabled persons; cda

h)Failing to select or administer in the most effective manner employment

tests which accurately re ect the skills, aptitude or other factor of the
disabled applicant or employee that such tests purports to measure,
rather than the impaired sensory, manual or speaking skills of such
applicant or employee, if any; and
i)Excluding disabled persons from membership in labor unions or similar
organizations.
SECTION 33.Employment Entrance Examination. — Upon an offer of
employment, a disabled applicant may be subjected to medical examination, on the
following occasions:
a)all entering employees are subjected to such an examination regardless of
disability; cda

b)information obtained during the medical condition or history of the

applicant is collected and maintained on separate forms and in
separate medical les and is treated as a con dential medical record;
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 Provided, however, That:
1)supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employees and
necessary accommodations;
2) rst aid and safety personnel may be informed, when appropriate, if
the disability may require emergency treatment;
3)government of cials investigating compliance with this Act shall be
provided relevant information on request; and
4)the results of such examination are used only in accordance with
this Act.
CHAPTER 2
Discrimination on Transportation
SECTION 34.Public Transportation. — It shall be considered discrimination for
the franchisees or operators and personnel of sea, land, and air transportation facilities
to charge higher fare or to refuse to convey a passenger, his orthopedic devices,
personal effects, and merchandise by reason of his disability.
CHAPTER 3
Discrimination on the Use of Public Accommodations and Services
SECTION 35.Public Accommodations and Services. — For purposes of this
Chapter, public accommodations and services shall include the following:
a)an inn, hotel, motel, or other place of lodging, except for an establishment
located within a building that contains not more than ve (5) rooms for
rent or hire and that is actually occupied by the proprietor of such
establishment as the residence of such proprietor;
b)a restaurant, bar, or other establishment serving food or drink;
c)a motion picture, theater, concert hall, stadium, or other place of exhibition
or entertainment;
d)an auditorium, convention center, lecture hall, or other place of public
gathering; cdtai

e)a bakery, grocery store, hardware store, shopping center, or other sales or
rental establishment;
f)a bank, barber shop, beauty shop, travel service, funeral parlor, gas
station, of ce of a lawyer, pharmacy, insurance of ce, professional of
ce of a health care provider, hospital or other service establishment;
g)a terminal, depot, or other station used for specified public transportation;
h)a museum, gallery, library or other place of public display or collection; i)a
park, zoo, amusement park, or other place of recreation;
j)a nursery, elementary, secondary, undergraduate, or post-graduate private
school, or other place of education; casia

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 k)a gymnasium, health spa, bowling alley, golf course;
or l)other place of exercise or recreation.
SECTION 36.Discrimination on the Use of Public Accommodations . — a) No
disabled person shall be discriminated on the basis of disability in the full and equal
enjoyment of the goods, services, facilities, privileges, advantages or accommodations
of any place of public accommodation by any person who owns, leases, or operates a
place of public accommodation. The following constitute acts of discrimination:
1)denying a disabled person, directly or through contractual, licensing, or
other arrangement, the opportunity to participate in or bene t from the
goods, services, facilities, privileges, advantages, or accommodations
of an entity by reason of his disability;cda

2)affording a disabled person, on the basis of his disability, directly or

through contractual, licensing, or other arrangement, with the
opportunity to participate in or bene t from a good service, facility,
privilege, advantage, or accommodation that is not equal to that
afforded to other able-bodied persons; and
3)providing a disabled person, on the basis of his disability, directly or
through contractual, licensing, or other arrangement, with a good,
service, facility, advantage, privilege, or accommodation that is
different or separate form that provided to other able-bodied persons
unless such action is necessary to provide the disabled person with a
good, service, facility, advantage, privilege, or accommodation, or
other opportunity that is as effective as that provided to others;
For purposes of this Section, the term "individuals or class of individuals" refers to
the clients or customers of the covered public accommodation that enters into the
contractual, licensing or other arrangement. acd

b)Integrated Settings — Goods, services, facilities, privileges, advantages, and

accommodations shall be afforded to individual with a disability in the most integrated
setting appropriate to the needs of the individual.
c)Opportunity to Participate — Notwithstanding the existence of separate or
different programs or activities provided in accordance with this section, an individual
with a disability shall not be denied the opportunity to participate in such programs or
activities that are not separate or different.
d)Association — It shall be discriminatory to exclude or otherwise deny equal
goods, services, facilities, advantages, privileges, accommodations or other
opportunities to an individual or entity because of the known disability of an individual
with whom the individual or entity is known to have a relationship or association.
e)Prohibitions — For purposes of this Section, the following shall be considered
as discriminatory: cdtai

1)the imposition or application of eligibility criteria that screen out or tend to

screen out an individual with a disability or any class or individuals
with disabilities from fully and equally enjoying any goods, services,
facilities, privileges, advantages, or accommodations, unless such
criteria can be shown to be necessary for the provision of the goods,
services, facilities, privileges, or accommodations being offered;
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 2)a failure to make reasonable modi cations in policies, practices, or
procedures, when such modi cations are necessary to afford such
goods, services, facilities, privileges, advantages, or accommodations
to individuals with disabilities, unless the entity can demonstrate that
making such modi cations would fundamentally alter the nature of the
goods, facilities, services, privileges, advantages, or accommodations;
cda

3)failure to take such steps as may be necessary to ensure that no individual

with a disability is excluded, denied services, segregated or otherwise
treated differently than other individuals because of the absence of
auxiliary aids and services, unless the entity can demonstrate that
taking such steps would fundamentally alter the nature of the good,
service, facility, privilege, advantage or accommodation being offered
or would result in undue burden;
4)a failure to remove architectural barriers, and communication barriers that
are structural in nature, in existing facilities, where such removal is
readily achievable; and
5)where an entity can demonstrate that the removal of a barrier under clause
(4) is not readily achievable, a failure to make such goods, services,
facilities, privileges, advantages, or accommodations available through
alternative methods if such methods are readily achievable. cdtai

SECTION 37.Use of Government Recreational or Sports Centers Free of Charge.

— Recreational or sports centers owned or operated by the Government shall be used,
free of charge, by marginalized disabled persons during their social, sports or
recreational activities.
SECTION 38.Implementing Rules and Regulations. — The Department of Public
Works and Highways shall formulate the rules and regulations necessary to implement
the provisions of this Chapter.
TITLE FOUR
Final Provisions
SECTION 39.Housing Program. — The National Government shall take into
consideration in its national shelter program the special housing requirements of
disabled persons. cdt

SECTION 40.Role of National Agencies and Local Government Units . — Local

government units shall promote the establishment of organizations of disabled persons
in their respective territorial jurisdictions. National agencies and local government units
may enter into joint ventures with organizations or associations of disabled persons to
explore livelihood opportunities and other undertakings that shall enhance the health,
physical tness and the economic and social well-being of disabled persons.

SECTION 41.Support From Nongovernment Organizations. — Nongovernment

organizations or private volunteer organizations dedicated to the purpose of promoting
and enhancing the welfare of disabled persons shall, as they are hereby encouraged,
become partners of the Government in the implementation of vocational rehabilitation
measures and other related programs and projects. Accordingly, their participation in
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 the implementation of said measures, programs and projects is to be extended all
possible support by the government.
The government shall sponsor a volunteer service program which shall harness
the involvement of private individuals in the provision of assistance to disabled persons.

SECTION 42.Tax Incentives. — a) Any donation, bequest, subsidy or nancial aid

which may be made to government agencies engaged in the rehabilitation of disabled
persons and organizations of disabled persons shall be exempt from the donor's tax
subject to the provisions of Section 94 of the National Internal Revenue Code (NIRC),
as amended and shall be allowed as deductions from the donor's gross income for
purposes of computing the taxable income subject to the provisions of Section 29 (h) of
the Code. cd i

b)Donations from foreign countries shall be exempt from taxes and duties on
importation subject to the provisions of Section 105 of the Tariff and Customs Code of
the Philippines, as amended, Section 103 of the NIRC, as amended and other relevant
laws and international agreements.
c)Local manufacturing or technical aids and appliances used by disabled persons
shall be considered as a preferred area of investment subject to the provisions of
Executive Order No. 226 otherwise known as the "Omnibus Investments Code of 1987"
and, as such, shall enjoy the rights, privileges and incentives as provided in said Code
such as, but not limited, to the following:
1)repatriation of investments; cd

2)remittance of earnings;
3)remittance of payments on foreign contracts;
4)freedom from expropriations;
5)freedom from requisition of investment;
6)income tax holiday;
7)additional deduction for labor expense;
8)tax and duty exemption on imported capital equipment;
9)tax credit on domestic capital equipment; cd

10)exemption from contractor's tax;

11)simplification of customs procedures;
12)unrestricted use of consigned equipment;
13)employment of foreign nationals; cd

14)tax credit for taxes and duties on raw materials;

15)access to bonded manufacturing/traded warehouse system;
16)exemption from taxes and duties on imported spare parts; and
17)exemption from wharfage dues and any export tax, duty, impost and fee.
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 SECTION 43.Continuity Clause. — Should any department or agency tasked with
the enforcement or formulation of rules and regulations and guidelines for
implementation of any provision of this Act is abolished, merged with another
department or agency or modified, such shall not affect the enforcement or formulation
of rules, regulations and guidelines for implementation of this Act to the effect that —
a)In case of abolition, the department or agency established to replace the
abolished department or agency shall take-over the functions under
this Act of the abolished department or agency.
b)In case the department or agency tasked with the enforcement or
formulation of rules, regulations and guidelines for implementation of
this Act is merged with another department or agency, the former shall
continue the functions under this Act of the merged department or
agency.
c)In case of modi cation, the department or agency modi ed shall continue
the functions under this Act of the department or agency that has
undergone the modification.
SECTION 44.Enforcement by the Secretary of Justice.
— a)Denial of Right
1)Duty to Investigate — the Secretary of Justice shall investigate
alleged violations of this Act, and shall undertake periodic
reviews of compliance of covered entities under this Act.
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b)Potential Violations — If the Secretary of Justice has reasonable cause to

believe that —
1)any person or group of persons is engaged in a pattern or practice
of discrimination under this Act; or
2)any person or group or persons has been discriminated against
under this Act and such discrimination raises an issue of
general public importance, the Secretary of Justice may
commence a legal action in any appropriate court.
SECTION 45.Authority of Court. — The court may grant any equitable relief that
such court considers to be appropriate, including, to the extent required by this Act:
a)granting temporary, preliminary or permanent relief; aisa dc

b)providing an auxiliary aid or service, modi cation of policy, practice or

procedure, or alternative method; and
c)making facilities readily accessible to and usable by individuals with
disabilities.
SECTION 46.Penal Clause. — a) Any person who violates any provision of this
Act shall suffer the following penalties:
1)for the rst violation, a ne of not less than Fifty thousand pesos
(P50,000.00) but not exceeding One hundred thousand pesos
(P100,000.00) or imprisonment of not less than six (6) months but
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 not more than two (2) years, or both at the discretion of the court; and

aisa dc

2)for any subsequent violation, a ne of not less than One hundred thousand
pesos (P100,000.00) but not exceeding Two hundred thousand pesos
(P200,000.00) or imprisonment for not less than two (2) years but not
more than six (6) years, or both at the discretion of the court.
b)Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months or a ne of not less than Five thousand
pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the
discretion of the court.

c)If the violator is a corporation, organization or any similar entity, the of cials
thereof directly involved shall be liable therefor.
d)If the violator is an alien or a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.
SECTION 47.Appropriations. — The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter. cdtai

SECTION 48.Separability Clause. — Should any provisions of this Act be found

unconstitutional by a court of law, such provisions shall be severed from the remainder
of the Act, and such action shall not affect the enforceability of the remaining provisions
of this Act.
SECTION 49.Repealing Clause. — All laws, presidential decrees, executive
orders and rules and regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SECTION 50.Effectivity. — This Act shall take effect fteen (15) days after its
publication in any two (2) newspapers of general circulation. cdasia

Approved: March 24, 1992

Published in the Philippine Times Journal and Malaya on March 28, 1992. Published in the
Official Gazette, Vol. 88 No. 18 page 2537 on May 4, 1992.
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